Constitutional Morality

Constitutional morality means a sense of peaceful lawful governance and was proposed by English historian George Grote. Although it has not been explicitly mentioned in the Constitution, it has been adopted and developed through judicial interpretation in India. It was discussed and mooted by Dr. BR Ambedkar in the Indian Constitution who valued its focus on moral values which are necessary and key when governing the country. It ensures lawfulness, supports democracy, facilitates legal reforms, promotes diversity, and encourages active citizen involvement.

The doctrine of Constitutional morality originated from ancient Greece. The English historian George Grote coined the term “Constitutional Morality” and described Constitutional Morality as principles of freedom and self-restraint used in governing by the popular sovereign. He believed that Constitutional Morality included the right of a citizen to criticise public officials.

With its evolution the phrase acquired new interpretations, but in essence it means a sentiment among the citizens of a country which is necessary for establishing a peaceful and stable government. Meaning it signifies a balance between freedom and restrictions.

He believed that constitutional morality involves a peaceful relationship between those who are in power and citizens. To him it meant that any instances of difference or dispute between the two should be resolved without any confrontation. According to Ambedkar, the principle of Constitutional Morality could bridge the gap between the administration and constitutional framework. He signified its importance by stating that the Indian society was largely undemocratic and Constitutional morality was vital for a nation where democracy was just an addition rather than a fundamental aspect.

Although the Constitutional Assembly debates mentioned Constitutional Morality, its meaning and importance was not fully discussed. The doctrine of Constitutional Morality expressly has not been mentioned anywhere in the Constitution. It has been introduced and evolved only through the judiciary’s (Supreme Court of India) interpretation. The judiciary has interpreted and added other doctrines into the Constitution like Basic Structure, Non-Arbitrariness etc. Its interpretation and inclusion have played a significant role in shaping our Country.

• It can be found in the Constitution in the form of Preamble, Fundamental Rights (Articles 12 to 35), Directive Principles of State Policy (Articles 36 to 51) and the Fundamental Duties (Article 51A).
• Constitutional Assembly Debates: They also serve as a source of Constitutional Morality. Specifically, Dr. Ambedkar’s views have been used by the judiciary again and again to interpret this concept.
• Precedents or Case laws: they serve as the most important source of Constitutional Morality as the judiciary interpreted constitutional morality and used it to nullify (declare void) laws which could be used to oppress the citizen’s rights.

1. Central Board of Dawoodi Bohra Community Vs. State of Maharashtra (2023): the Supreme Court said that the right to expunge a member from a community cannot be allowed as it is subject to Constitutional Morality. Further it was observed that the principles of equality, liberty and fraternity are integral to our Constitutional morality. The fundamental ideas in our Constitution represent this morality. The conscience of our Constitution is based on these principles and the courts should not tolerate violation of anyone’s right to live with dignity, as Constitutional Morality prohibits us from doing so.
2. Kantaru Rajeevaru Vs. Indian Young Lawyers Association (2020): the Supreme Court made the following observations about Constitutional Morality: Constitutional Morality means ensuring the Fundamental Rights like letting everyone practice their faith, regardless of its rationality. Constitutional Morality refers to values of the constitution, maily in the Preamble and Part III and IV.
3. Indian Young Lawyers Association & Ors. Vs. the State of Kerala (2019): the Supreme Court observed that the term morality (under Article 25(1)) is not limited to the morality of an individual, religious sect or a section's perception of morality. The term ‘morality’ implies constitutional morality and any view taken by the Court should be within the meaning of Constitutional morality.
4. Navtej Singh Johar Vs. Union of India (2018): the Supreme Court observed, Constitutional Morality is not just about following the basic principles of Constitutionalism. It goes beyond the explicit provisions of a Constitution, it calls for providing wider virtues to promote a diverse and inclusive society while respecting the other constitutional principles. When Constitutional morality is normally embodied, the values of Constitutionalism spread through the State apparatus, benefiting each citizen in the State.
5. Manoj Narula Vs. Union of India (2014): the Supreme Court observed that Constitutional Morality is not a natural sentiment, it needs to be developed. It is crucial to recognise that our society is still learning about this concept. In a democratic setup it is important to affirm constitutional morality again and again.

By adhering to the principles and values enshrined in the constitution, one can uphold the constitutional morality. The ways to adhere to the values enshrined in the constitution -

• Respecting the Rule of law: By following the Rule of law, one can uphold the constitutional morality
• Protecting the Fundamental Rights and Human Rights: It is important to protect and promote the Fundamental and Human Rights to uphold the constitutional values.
• Holding the public officials accountable: To uphold the constitutional morality, it is important to ensure the public officials act in the public interest and within the limits of their authority.
• Awaring : other citizens about the constitutional values and principles and encouraging them to uphold the constitutional morality.
• Public officials and leaders: should act with integrity, upholding ethical standards and serving as role models for constitutional morality.
• Evolving standards: The constitution should be interpreted in a way that reflects contemporary values and evolving standards of justice, ensuring that constitutional principles remain relevant and effective.

• Rule of Law: Constitutional morality ensures the rule of law, while adjusting to societal changes, principles and aspirations of the citizens.
• Promoting Democracy: Constitutional Morality encourages cooperation between government and citizens, which promotes trust in democracy and democratic institutions
• Promotes reforms of Laws: helps to reform outdated laws, leading to positive societal changes.
• Promotes diversity: our Country is very diverse, with variations in caste, religion, languages etc., Constitutional Morality recognises diversity and supports it, which enables plurality and a much more inclusive society.
• Promotes active Participation: Constitutional Morality discourages resignation or leaving government jobs as a sign of protest. Instead it proposes active involvement within the system to combat inequalities and non-constitutional elements.

• Vague: Since there is no strict definition, the concept is open to interpretation. It is based on a loose set of values which evolve and different judges describe differently. Hence there is scope for personal bias to creep in.
• Judicial Overreach: The definition of Constitutional Morality is set out only by Judicial pronouncements and can cause intervention in the domain of legislature or executive.
• Cause Social Unrest: Constitutional morality is used by judges in religious cases to uphold the right to dignity of an individual against religious dictats against him. This can lead to resentment in the religious community and possibly civil unrest.

• Constitutionalism means following the constitution as a fundamental law of the land. Following the constitution in its spirit like principles of rule of law, limited government and protection of individual liberty. It also includes principles of separation of powers, checks and balances and judicial review.
• Constitutionalism is a broader concept that includes structural and procedural checks on the powers of the executive. It focuses on institutional frameworks to ensure freedom of individuals is not curbed.
• On the other hand, Constitutional morality focuses on substantive, ethical and moral issues in constitutional interpretation. It focuses on underlying values of the Constitution given in Preamble, Fundamental Rights and Fundamental Duties.

Constitutional morality stands as a compass, guiding us toward a society that honours the core values enshrined in the Constitution. Presently, Constitutional Morality has a two fold definition, which involves a legal approach challenging existing social benefits, urging courts to remain impartial against public opinions and holding the government accountable, allowing the courts to assess the spirit and conscience of the Indian Constitution.

Ensuring the continued relevance of constitutional morality requires a multi-pronged approach. By establishing a clear definition, fostering public understanding, practicing judicial restraint, and embracing adaptability, we can ensure that this moral compass continues to guide us towards a just and equitable future. Remember, the power of a constitution lies not just in its words, but in the spirit that breathes life into them.